ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 12AAB Grant of land to Anindilyakwa Land Trust etc.
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 12AAB
Grant of land to Anindilyakwa Land Trust etc.Immediate grant of land to Anindilyakwa Land Trust
(1) The Governor - General may:
(a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 1 deed (regardless of whether the deed also included other land); and
(b) deliver it to the Anindilyakwa Land Trust.
The deed of grant is not a legislative instrument.
Note: See subsection (9) for the definition of Arnhem Land type 1 deed .
Delayed grant of land to Anindilyakwa Land Trust
(2) The Governor - General may:
(a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 2 deed; and
(b) deliver it to the Anindilyakwa Land Council on the condition that the Council hold it in escrow and deliver it to the Anindilyakwa Land Trust when all of the estates and interests in that land held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise.
The deed of grant is not a legislative instrument.
Note: See subsection (9) for the definition of Arnhem Land type 2 deed .
Application of other provisions of this Act
(3) The provisions of this Act apply to a grant under subsection (1) or (2) as if it were a grant under subsection 12(1).
Note: One of the consequences of this subsection is that subsection 12(4) will apply to determine when a deed of grant executed under subsection (1) or (2) of this section takes effect. Another consequence is that the Anindilyakwa Land Trust will be able to apply under subsection 12(5) to have such a deed registered.
Land no longer held by Arnhem Land Aboriginal Land Trust
(4) The following table sets out the effect on:
(a) an Arnhem Land type 1 deed or an Arnhem Land type 2 deed that included land in the area of the Anindilyakwa Land Council (regardless of whether the deed also included other land); and
(b) the boundaries of the land that is held by the Arnhem Land Aboriginal Land Trust.
Deeds of grant | ||
| For this deed: | the result is: |
1 | An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land | The deed is taken to be revoked. At the time the deed of grant executed under subsection (1) takes effect: (a) the revocation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. |
2 | An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and some other land | The deed ceases to include the part of the land in the area of the Anindilyakwa Land Council. At the time the deed of grant executed under subsection (1) takes effect: (a) the cessation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. |
3 | An Arnhem Land type 2 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land | The deed is taken to be revoked. At the time the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council: (a) the revocation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. |
(5) If the Registrar - General or other appropriate officer under the law of the Northern Territory relating to the transfer of land is required to register the deed of grant executed under subsection (1), he or she must also take such measures as are necessary to take account of the effect on the deeds of grant mentioned in item 1 or 2 of the table in subsection (4).
Note: Subsection 12(5) deals with registration of deeds of grant.
Existing rights, titles or other interests
(6) The following table sets out the effect on a right, title or other interest in land in the area of the Anindilyakwa Land Council to which an Arnhem Land type 1 deed or an Arnhem Land type 2 deed related.
Existing rights, titles or other interests | ||
| For this deed: | the result is: |
1 | The right, title or other interest is, from the day the deed of grant executed under subsection (1) takes effect, preserved as a right, title or interest in that land in that deed. | |
2 | (a) if the right, title or other interest was acquired by the Arnhem Land Aboriginal Land Trust as mentioned in paragraph 5(1)(c)--the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, taken to have been acquired and to be held by the Anindilyakwa Land Trust; or (b) otherwise--the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, preserved as a right, title or interest in that land in that deed. | |
(7) The following table sets out the effect on a reference in a document to an Arnhem Land type 1 deed or an Arnhem Land type 2 deed, in so far as the reference relates to land in the area of the Anindilyakwa Land Council.
Documents | ||
| For this deed: | the result is: |
1 | The reference is taken, from the day the deed of grant executed under subsection (1) takes effect, to be a reference to that deed. | |
2 | The reference is taken, from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, to be a reference to that deed. | |
(8) The following table sets out the effect on an agreement entered into by the Arnhem Land Aboriginal Land Trust in respect of land:
(a) in the area of the Anindilyakwa Land Council; and
(b) included in an Arnhem Land type 1 deed or an Arnhem Land type 2 deed.
Agreements | ||
| For this deed: | the result is: |
1 | The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (1) takes effect, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust. | |
2 | The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust. | |
"Arnhem Land Aboriginal Land Trust" means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).
"Arnhem Land type 1 deed" means:
(a) a deed of grant executed under paragraph 12(1)(a) to the Arnhem Land Aboriginal Land Trust; or
(b) a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that took effect before the commencement of this section.
Note: See subsection 12(4) for when a deed of grant under section 12 takes effect.
"Arnhem Land type 2 deed" means a deed of grant executed under paragraph
12(1)(b) to the Arnhem Land Aboriginal Land Trust that has not taken
effect before the commencement of this section.